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Shikha (Tax consultant)     14 May 2012

Rights of flat owner

Hi,

I am live in builder flats. We own the second floor of the flat. Owner of third floor has bought the roof as well. Our water tank is on the roof, the owner of the third floor denies us the access to the roof, he steals water from our tank and often damanges it as well. We have got the water tank replaced four times in past 6 years. What is our right? We have water tank on roof and need access to the roof to check our water tank. Please suggest.

 

Shikha



Learning

 2 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     15 May 2012

Property consist of how many units?? 

 

Land & building belong to whom?? 

 

ur terms & condn ??

 

In all cases, your propertry [water tank] cannot be damaged by a third party. it is offence as well as civil suit for damages can be filed. 

Shikha (Tax consultant)     16 May 2012

Builder sold the floors independently. We are owner of second floor, the person who bought the third floor, bought the roof as well. The building has total three floors +roof. Our water tank is on the roof, as such no terms and conditions are mentioned in any of the sale deed. The person who owns the third flat is property dealer himself and he extorts and harrass us by stealing our water, damaging the water tank etc. We are not allowed to go to the roof as the roof is always locked and the owner refuses to give keys for the roof. What is our right here? Our water tank is on the roof only, the only way we can to the roof is by using the staricase, the access to which is locked by the owner.


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